Kamal vs State Of H.P. And Anr

Satyen Vaidya, J

By way of instant petition, a prayer has been made to quash FIR No. 101 of 2022, dated 14.07.2022, registered at Police Station Sadar Shimla, District Shimla, H.P, under Sections 279 and 337 of the Indian Penal Code, 1860 and Section 187 of the Motor Vehicles Act, 1988 and consequent criminal proceedings arising therefrom.

On the statement of respondent No. 2 under Section 154 of the Code of Criminal Procedure, the police had registered above noted FIR. It was reported that on 13.07.2022, at about 11:10 PM, respondent No. 2 was hit by a speeding Car No. HP52C-2184, as a result of which he received multiple injuries. The accident was attributed to rash and negligent driving of the petitioner.

It is averred in the petition that parties have now amicably settled the dispute and have entered into a compromise. The terms of the compromise have been recorded in writing and have been placed on the file as Annexure P-2 The compromise is stated to have been arrived at with the intervention of family members and common friends. The purpose of amicable settlement is also stated to the intent of petitioner and respondent No. 2 to live in peace in future by putting an end to the pending litigations.

Petitioner and respondent No. 2 were present in the Court today. Their separate statements on oath have been recorded. Both of them have reiterated that a compromise has been arrived at with a purpose to live in peace and harmony in future. The contents of the compromise deed, Annexure P-2 have also been verified by both of them.

It is more than settled now that this Court in exercise of jurisdiction under Section 482 of the Code of Criminal Procedure, can quash the FIR involving non-compoundable offences provided the offences involved therein do not fall in the category of heinous and serious crimes. In the instant case, the case involves offences under Sections 279, 337 of IPC and Section 187 of M.V. Act, 1988. None of these offences fall in the category of heinous crimes.

I have gone through the contents of compromise deed, Annexure P-2 and have found nothing which can be termed as unlawful. Thus, there is no legal impediment in granting the prayer made in the petition.

The prime objective of every legal system and civilized society is to secure peace and harmony amongst its subjects. In this view of the matter, the step taken by the parties to the instant petition is a welcome step as it will further the abovesaid object. The dispute between the parties was more or less private in nature and by quashing the FIR in question no prejudice is likely to be caused to the society at large.

In light of above discussion, the instant petition is allowed FIR No. 101 of 2022, dated 14. 07.2022, registered at Police Station Sadar Shimla, District Shimla, H.P, under Sections 279 and 337 of IPC and Section 187 of M.V. Act and consequent criminal proceedings arising therefrom, are ordered to be quashed.

Pending miscellaneous application(s), if any, shall also stand disposed of.